Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination
265

(a)
in the case of postal ballot papers, they have been mixed with the
ballot papers from at least one ballot box;
(b)
in the case of ballot papers from a ballot box, they have been mixed
with the ballot papers from at least one other ballot box.
      (2)
The Chief Electoral Officer, while counting the votes, must—
5
(a)
keep the ballot papers with their faces upwards, and
(b)
take all proper precautions for preventing anyone from seeing the
numbers or other unique identifying marks printed on the back of
the papers.
      (3)
The Chief Electoral Officer must so far as practicable proceed continuously
10
with the counting of votes, allowing only time for refreshment, except that—
(a)
the officer may exclude the whole or any part of the period between
11 pm and 9 am on the next day;
(b)
the officer may exclude a day mentioned in rule 2(1) of the
referendum rules.
15
      (4)
During the time so excluded the Chief Electoral Officer must—
(a)
place the ballot papers and other documents relating to the
referendum or election under the officer’s own seal and the seals of
any of the counting agents who want to affix their seals, and
(b)
otherwise take proper precautions for the security of the papers and
20
documents.
Application
34
Paragraphs 31 to 33 apply instead of—
(a)
rules 39 and 40 of the referendum rules;
(b)
rules 44 and 44B of the Assembly Elections Rules;
25
(c)
rules 43(1), 44 and 45 of the Local Elections Rules.
Ballot papers placed in wrong ballot box
35
Where separate ballot boxes are used for the referendum and a relevant
election, the placing of a ballot paper in the wrong ballot box does not render
it void.
30
Declaration of result
Declaration
36
The result of the referendum or a relevant election may not be declared until
the statement as to the result of the verification of the ballot paper accounts
in relation to each poll has been prepared.
35
Disposal of documents etc
Retention of certain documents by Chief Electoral Officer
37    (1)
Rules 50(1)(b) and 52 of the referendum rules apply to the documents
specified in sub-paragraphs (c) and (e) of paragraph (1) of rule 58 of the
Local Elections Rules, and that paragraph applies as if those sub-paragraphs
40
were omitted.

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination
266

      (2)
Rule 56(8) of the Assembly Elections Rules and rule 59(7) of the Local
Elections Rules each have effect as if for “by this rule provided” there were
substituted “provided by this rule (or a court order)”.
Countermand or abandonment of poll
38    (1)
Where—
5
(a)
under rule 63 of the Assembly Elections Rules notice of the poll at an
Assembly election is countermanded or it is directed that the poll be
abandoned, or
(b)
under rule 61 of the Local Elections Rules notice of the poll at a local
election is countermanded or it is directed that the poll be
10
abandoned,

the countermand or direction does not affect the poll for the other election or
the poll for the referendum.
      (2)
If the poll for a relevant election is abandoned because of a candidate’s
death—
15
(a)
no further ballot papers at that election must be delivered in any
polling station;
(b)
at the close of the other polls the presiding officer must comply with
the requirements of rule 43 of the Assembly Elections Rules (where
the abandoned poll was the poll for the Assembly election) or rule 41
20
of the Local Elections Rules (where the abandoned poll was the poll
for the local election) as if the poll for the relevant election had not
been abandoned;
(c)
the Chief Electoral Officer must dispose of the ballot papers used at
the abandoned election and other documents in the officer’s
25
possession as the officer would have been required to do on the
completion of the counting of the votes.
      (3)
In a case falling within sub-paragraph (2)—
(a)
a ballot paper account for the abandoned election need not be
prepared or verified;
30
(b)
the Chief Electoral Officer, having separated the ballot papers
relating to the referendum and each relevant election, must take no
further step for the counting of the ballot papers used at the
abandoned election or for the counting of the votes;
(c)
the Chief Electoral Officer must seal up the ballot papers used at the
35
abandoned election whether the votes on them have been counted or
not;
(d)
it is not necessary to seal up counted and rejected ballot papers used
at the abandoned election in separate packets.
      (4)
This paragraph applies instead of—
40
(a)
rule 65(1) to (6) of the Assembly Elections Rules;
(b)
rule 61(2) of the Local Elections Rules.

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 2 — Forms referred to in Part 1
267

Part 2
Forms referred to in Part 1

Note - The forms contained in this Part may be adapted so far as circumstances

require.

Paragraphs 7(2) and 8(3)
5
Form 1 - Form of corresponding number list (to be used for combined polls)

Voting area/constituency/district electoral area: ........................................

Date of Poll: .........................................

Sheet No.: .............................................

Ballot Paper Number
Unique Identifying Mark
Elector Number (to be

10

(identify the number
(identify the mark for each
completed only in respect of

issued for the
ballot paper)
ballot papers issued to

referendum/election)

postal voters)

15

20

25

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 2 — Forms referred to in Part 1
268

Paragraph 10(2)
Form 2 - Form of declaration of identity (to be used where proceedings on
issue and receipt of postal ballot papers combined)
Front of form

Declaration of identity

5

Ballot Papers nos. ............................................

I am the person to whom the ballot papers numbered above were sent.

My date of birth is .............. (you are not required to give your date of birth if you

are to vote as a proxy for someone else).

Voter’s signature .........................................

10

The voter, who is personally known to me, has signed this declaration in my

presence.

Witness’s signature ......................................................................................

Name of witness (WRITE CLEARLY) ............................................................

Address of witness (WRITE CLEARLY) .......................................................

15

........................................................................................................................

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

Back of form

INSTRUCTIONS TO THE VOTER

1. You must sign this declaration of identity in the presence of a person known to

20

you. That person should then sign this declaration as a witness, adding his or her

name and address. Without this the declaration will be invalid and your vote will

not be counted.

2. When you are voting in the referendum on the voting system for United

Kingdom parliamentary elections ([insert colour of ballot paper] ballot paper), mark

25

a cross (X) in the box on the right hand side of the ballot paper opposite the

answer you are voting for. Do this secretly. If you cannot vote without assistance,

the person assisting you must not disclose how you have voted. Vote once only.

Do not mark the ballot paper in any other way or your vote may not be counted.

3. When you are voting in the election to the Northern Ireland Assembly or for

30

the election of district councillors, different colours are used for the ballot papers

for each election.

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 2 — Forms referred to in Part 1
269

4. When you are voting in the election to the Northern Ireland Assembly ([insert

colour of ballot paper] ballot paper), number the candidates in order of preference,

putting “1” against the candidate of your 1st preference, “2” against your 2nd

preference and so on. You should not put the same preference against more than

one candidate. You may show your preference for as many or as few candidates

5

as you wish. Put no other mark on the ballot paper, or your vote may not be

counted. Do this secretly. If you cannot vote without assistance, the person

assisting you must not disclose how you have voted.

5. When you are voting in the election of district councillors ([insert colour of ballot

paper] ballot paper), number the candidates in order of preference, putting “1”

10

against the candidate of your 1st preference, “2” against your 2nd preference and

so on. You should not put the same preference against more than one candidate.

You may show your preference for as many or as few candidates as you wish.

Put no other mark on the ballot paper, or your vote may not be counted. Do this

secretly. If you cannot vote without assistance, the person assisting you must not

15

disclose how you have voted.

6. Put the ballot papers in the small envelope marked “A” and seal it. Then put

the envelope marked “A”, together with the declaration of identity, in the larger

envelope marked “B”. Return it without delay. The ballot papers must be

received by the counting officer not later than the close of the poll.

20

7. If you receive more than one ballot paper, remember that it is illegal to vote

more than once (otherwise than as proxy) at the same election or to vote more

than once (otherwise than as proxy) in the referendum. You are entitled to vote at

different elections which are held on the same day.

8. In this referendum or in these elections you cannot vote in person at a polling

25

station.

9. If by mistake you spoil your ballot paper, you can apply to the counting officer

for another one. With your application you must return, in your own envelope,

the spoilt ballot paper(s), the declaration of identity and the envelopes marked

“A” and “B”. We can only issue replacement postal ballot papers before 5 p.m. on

30

[-1 day/date deadline].

Paragraph 11(2)
Form 3 - Form of declaration of identity (to be used for referendum where
proceedings on issue and receipt of postal ballot papers not combined)
35
Front of form

Declaration of identity

Referendum on the voting system for United Kingdom parliamentary

elections

Ballot Paper no.............................................

40

(insert colour)

I am the person to whom the ballot paper numbered above was sent.

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 2 — Forms referred to in Part 1
270

My date of birth is .............. (you are not required to give your date of birth if you

are to vote as a proxy for someone else).

Voter’s signature .........................................

The voter, who is personally known to me, has signed this declaration in my

presence.

5

Witness’s signature ......................................................................................

Name of witness (WRITE CLEARLY) ............................................................

Address of witness (WRITE CLEARLY) .......................................................

........................................................................................................................

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

10

Back of form

INSTRUCTIONS TO THE VOTER

1. You must sign this declaration of identity, even if you have already signed a

declaration of identity in respect of an election to be held on the same day. You

must sign in the presence of a person known to you. That person should then

15

sign this declaration as a witness, adding his or her name and address. Without

this the declaration will be invalid and your vote will not be counted.

2. Vote once only. Put no other mark on the ballot paper or your vote may not be

counted.

3. Mark a cross (X) in the box on the right hand side of the ballot paper opposite

20

the answer you are voting for. Do this secretly. If you cannot vote without

assistance, the person assisting you must not disclose how you have voted.

4. Put the ballot paper in the small envelope marked “A” and seal it. Then put the

envelope marked “A”, together with the declaration of identity, in the larger

envelope marked “B”. Return it without delay. The ballot paper must be received

25

by the counting officer not later than the close of the poll.

5. If you receive more than one ballot paper, remember that it is illegal to vote

more than once (otherwise than as proxy) in this referendum.

6. In this referendum you cannot vote in person at a polling station.

7. If by mistake you spoil your ballot paper, you can apply to the counting officer

30

for another one. With your application you must return, in your own envelope,

the spoilt ballot paper, the declaration of identity and the envelopes marked “A”

and “B”. We can only issue replacement postal ballot papers before 5 p.m. on [-1

day/date deadline].

35

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 2 — Forms referred to in Part 1
271

Paragraph 16(1)
Form 4 - Form of corresponding number list (to be used in polling stations for
combined polls)

Voting area/constituency/district electoral area: ........................................

Date of Poll: .........................................

5

Polling Station: .....................................

Sheet No.: .............................................

Ballot Paper Number (identify the
Elector Number

number issued for the referendum/

election)

10

15

20

Paragraph 18(4)
25
Form 5 - guidance for voters to be exhibited outside every polling station and
in every compartment inside

1.
When you are given your ballot papers go to one of the compartments.

2.
On the [insert colour] referendum ballot paper, mark a cross (X) in the box on the

right hand side of the ballot paper opposite the answer you are voting for.

30